Prabavathi v. The Revenue Divisionalofficer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Prabavathi ... Petitioner Vs.
1.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.
2.The Revenue Tahsildar, Uthangarai Taluk, Uthangarai, Krishnagiri District.
3.Reena ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to dispose of the petitioner's appeal dated 01.08.2023, pending in Oo.Mu.5650/2023/G dated 17.10.2023 on the file of the first respondent and pass orders. For Petitioner : M/s.R.Arthi For Respondents : Mr.S.Jayachandran Government Advocate for R1 and R2
ORDER
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By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the Respondent No.3 is dispensed with.
2. The present writ petition is filed praying for a writ of Mandamus to direct the first respondent to dispose of the petitioner's appeal dated 01.08.2023, pending in Oo.Mu.5650/2023/G dated 17.10.2023 on the file of the first respondent
3. It is the case of the petitioner that he submitted an appeal dated 01.08.2023 before the first respondent seeking cancellation of patta issued in favour of the third respondent by the second respondent on 06.05.2021 in respect of the property comprised in S.F.No.47/6, measuring an extent of 60 cents out of 1.80 Acres situated at Upparapatti Village, Uthangarai Taluk, Krishnagiri District. The said appeal was not considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.
4. At the outset, it was submitted by the Government Advocate for 2/5
respondents 1 and 2 that the above appeal dated 01.08.2023 is more in the nature of a representation rather than an appeal. In any view, the same may be treated as an appeal and disposed of, in case the same is not yet disposed of, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.
5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The first respondent shall consider the appeal dated 01.08.2023 of the petitioner, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, third respondent and all other interested parties including rival claimants, if any.
ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the appeal and pass appropriate order in accordance with law iii) The petitioner's appeal dated 01.08.2023 shall be disposed of within a period of twelve (12) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
iv) It is made clear that this Court has not expressed any views with regard 3/5
to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.
6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
16.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.
2.The Revenue Tahsildar, Uthangarai Taluk, Uthangarai, Krishnagiri District.
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MOHAMMED SHAFFIQ, J.
mrn 16.07.2025 5/5